§ 74-403. Coordination with the Army Corps of Engineers Wetland Permitting Process.

This section is included pursuant to the requirements of O.C.G.A. 12-2-8 and is intended to provide applicants for a development or demolition permit with notice when the proposed activity may require a U.S. Army Corps of Engineers permit due to potential impacts upon jurisdictional wetlands, and to coordinate the City permitting process with the Corps of Engineers permitting process.

(a)

Permitting process. Prior to the issuance of a development or demolition permit, the commissioner of the department of watershed management, or designee, shall review plans; verify the certification required in section 74-403(c) below; and determine if the applicant is to be referred to the Corps of Engineers for a jurisdictional wetland determination. As a general rule, applicants and landowners should endeavor to avoid development and/or demolition activities in or near wetlands.

(1)

If the proposed activity is not located within 50 feet of a wetland shown on the generalized wetland map, city permitting procedures shall proceed.

(2)

If the proposed activity is located within 50 feet of a wetland shown on the generalized wetland map, the department of watershed management shall refer the applicant to the U.S. Army Corps of Engineers for a jurisdictional wetland determination and receive proof of such determination from the Army Corps of Engineers prior to the issuance of any city development or demolition permit.

(i)

If the Corps of Engineers determines that a Department of the Army permit or letter of permission is required for the proposed activity, the city shall not issue a development or demolition permit for the proposed activity until after the issuance of the Department of the Army permit or letter of permission.

(ii)

If the Corps of Engineers determines that the proposed activity does not require a Department of the Army permit, city permitting procedures shall proceed.

(b)

Generalized wetland map. The generalized wetland map is hereby incorporated into and made a part of this article by reference. Wetlands shown on the generalized wetland map do not necessarily represent the boundaries of jurisdictional wetlands and cannot serve as a substitute for a jurisdictional wetland determination or a delineation of wetland boundaries as required by Section 404 of the Clean Water Act, as amended. No action by the City of Atlanta pursuant to these regulations relieves the landowner or applicant from federal or state permitting requirements. The generalized wetland map may be amended as more detailed information regarding the exact location and boundaries of wetlands becomes available. Not all wetlands in the City of Atlanta may be shown on the generalized wetland map and the omission of wetlands from the generalized wetland map does not relieve the applicant or property owner from compliance with applicable laws regarding wetlands.

(c)

Additional requirements. Upon application for a development or demolition permit, applicants shall be required to certify that they have reviewed the generalized wetland map and to certify whether or not the proposed activity is to occur within 50 feet of a wetland shown on the map. The City of Atlanta may require additional information deemed necessary to verify compliance with the provisions of this article.

(Ord. No. 2002-83, § 1, 11-26-02)